A letter from the North Carolina attorney general’s office to the Federal Aviation Administration states that an airport commission in Charlotte should be allowed to move forward because the shift in governance does not require a new federal operating certificate.

Marc Bernstein, special deputy attorney general, sent the letter to the FAA’s associate administrator for airports, Christa Fornarotto, on Tuesday. He wrote: “In short, the Commission Act does not effect a transfer of any functions away from the City of Charlotte; it merely redistributes governing authority within the City.” He goes on to mention the state’s “broad authority” to restructure local governments. At the same time, he said the views he presented should not be viewed as a legal opinion, as the FAA had requested.

The argument mirrors the one made by the airport commission’s attorney, former Charlotte mayor Richard Vinroot, during a Mecklenburg Superior Court hearing on Aug. 1. Bernstein represented the state that day in the case, which has pitted the city government against the state and the newly created airport commission.

“They did not render an opinion — they disavowed (what the FAA requested),” city attorney Bob Hagemann told me Thursday. “(The office of the attorney general has) an advocacy role to defend the legislation. They restated in writing what they said orally in court. That’s different than when you make your best argument.”

Judge Robert Ervin granted an injunction maintaining the current city governance over Charlotte Douglas International Airport, pending an opinion from the FAA on whether a new operating certificate would be required. Last month, the N.C. General Assembly passed a law to create a 13-member airport commission that would take over many responsibilities now handled by the City Council, including contracts, hiring and when and how the airport grows. For the past 80 years, the city, through the council, has maintained ultimate authority on decisions made by the city aviation director and airport staff.

A previous iteration of the legislation would have created a stand-alone airport authority independent of the city. Lawmakers backed away from that approach and instead embraced a last-minute bill that allows the city to remain the owner of the airport land and continue to control eminent domain, taxing authority and bonds. In addition, the city and mayor would appoint a majority of the 13 commission members.

“It says what we always thought was the case,” Vinroot, the airport commission attorney, told me Thursday. “There is no transfer at all. All the legislature did was revise the city’s charter.”

The FAA issued a statement Thursday. It reads: “The Federal Aviation Administration is reviewing the letter from the North Carolina Attorney General. The FAA must ensure that an airport operator is capable of being an eligible sponsor with the necessary rights and powers to assume grant assurances, safety compliance and other federal obligations, and has the authority and expertise to operate the airport. Until the FAA makes its determination on these issues, the city of Charlotte remains the airport sponsor. The FAA strongly encourages the state and city to work together to address the questions raised in the Agency’s July 29 letter.”

During the Aug. 1 court hearing, Ervin made several comments that the FAA opinion would likely resolve the issue, in effect dismissing the other legal arguments made by the city. Hagemann told me after the hearing that none of the remarks were a legal opinion or decision, and he said the city would keep all its legal options open if the FAA resolves the operating certificate in favor of the commission.

A turf war between Mecklenburg Republicans in the state legislature and the Democrat-heavy city government has raged since January. Last month, City Manager Ron Carlee seized on a letter sent by longtime aviation director Jerry Orr, a staunch supporter of shifting airport oversight away from the city, and ousted him from CLT after 24 years in charge. Orr, just after the legislature passed the initial airport legislation, wrote to Carlee and said the shift effectively terminated his role as city aviation director. A temporary restraining order prevented the airport authority from taking charge at Charlotte Douglas and, in the interim, Carlee accepted what he called Orr’s resignation.

Hagemann said the city anticipates discussions with the FAA within the next week or two. He also said no decisions from the FAA is expected soon.

If the airport commission wins approval, Orr, 72, plans to resume his role at the airport. The new state law mandates that he will be executive director of the commission.